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20th December 2017

Unlimited fine for failure to report Gender Pay Gap

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The Equality & Human Rights Commission has warned employers that it will use sanctions against organisations who fail to report gender pay gap data and may issue unlimited fines if employers fail to comply.

All private and voluntary sector employers with 250 or more employees in England, Wales and Scotland must publish information on their gender pay gap by 4 April 2018, and all listed public sector employers with 250 or more employees in England must publish the same information by 30 March 2018. Summaries of the reporting requirements under these “Gender Pay Gap Regulations” (GPGR) are available from the Government Equalities Office (GEO) and the Equalities and Human Rights Commission (EHRC). In subsequent years all employers covered by the GPGR must then report annually on the anniversaries of these dates at the latest.

At today’s date, 441 out of a potential 9,000 organisations have published their gender pay gap data on the Government website, and both GEO and the EHRC will continue to publicise the reporting requirements and encourage employers to meet the set deadlines.

The EHRC wants employers to follow the law without the need for formal enforcement action, but has now published plans for enforcement of the GPGR where employers do not comply with the requirement to publish their data. Note that these plans do not extend to public sector employers in Scotland and Wales, where different gender pay gap reporting duties already apply.

The EHRC is seeking comments from all businesses and representative bodies on its planned approach to enforcement, and enei intends to respond to the consultation.

To inform our response we would ask all affected Members with 250 or more employees to complete our short survey by Friday 19 January 2018. Our response to the EHRC will be collective and will not identify any individual Member; should you wish to make an individual response from your organisation you can do so directly to the EHRC.